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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 10/11/2001I Minutes approved by the Board at the November 8, 2001 Meeting FORT C©LLI NS ZQNING BOARD bF APPALS tega7ai 1 it * octo'ber,11,21M11 Council Liaison: Karen Weitkunat 9 Staff Liaison: Peter Barnes (221-6760) 1 (Chairperson: William Stockover (Phone: 482-4895 (H) J A regular meeting of the Zoning Board of Appeals was held on Thursday October 11, 2001, in the Council Chambers of the Fort Collins Municipal Building at 300 LaPorte Avenue, Fort Collins. BOARD MEMBERS PRESENT: David Ayraud Martin Breth Andy Miscio Thad Pawlikowski Diane Shannon William Stockover Steve Remington STAFF MEMBERS PRESENT: Peter Barnes, Zoning Administrator Gary Lopez, Zoning Inspector Stacie Soriano, Staff Support to the Board ROLL CALL The meeting was called to order by Chairperson Stockover and roll call was taken. 2. APPROVAL OF MINUTES: A motion was made by Board Member Shannon to approve the minutes from the September 13, 2001, meeting. Board Member Pawlikowski seconded the motion. ZBA October 11, 2001 Page 2 3. APPEAL NO.2359 -- Approved with conditions Address: 431 Whedbee Street Petitioner: Chris Dierks, Owner Zone: NCB Section: 4.8(D)(3)(d) Backaround: The variance would reduce the required street side setback along East Mulberry Street from 15 feet to 8 feet in order to allow the existing enclosed back porch to be removed and replaced with a new master bedroom The existing porch is at a 7 foot setback from the Mulberry Street property line, so the new bedroom will actually be 1 foot further away from Mulberry Street. Petitioner's Statement of Hardship: The home is small, only 855 square feet. If the addition is constructed in compliance with the 15 foot setback, it would need to be moved over 7 feet to the north. This would result in a considerable offset. The addition must be approved by the Historic Preservation Office, and they would prefer that the new construction not be offset to that extent. The existing home is already nonconforming at a 7 foot setback, so the addition will actually be more conforming. Functionally, the floor plan makes more sense as proposed, than if it were offset. Staff Comments: Gary Lopez presented slides relevant to this appeal. The existing addition will be removed. The addition will be offset by one foot. Barnes stated that the request was straight forward and it was a typical comer lot situation in an older neighborhood. Applicant Participation: Chris Dierks, of 827 Mathews Street, addressed the Board. Applicant Dierks stated the back porch was used as a bedroom (a nonconforming bedroom) by the previous owner. Dierks wanted to make it a master bedroom with a bathroom to improve the value, function, and character of the house. If the addition were approved the house would be a three bedroom, two bath home. Boardmember Shannon asked if the property was used as a rental. Dierks stated that he was planning to sell the property. He would not be using it as a rental. The house was rental property prior to his ownership. Shannon asked what his negotiations were with the City Historic Preservation office. Dierks stated that he has spoken with Karen McWilliams and she has looked over the plans and McWilliams is in favor of the ZBA October 11, 2001 Page 3 proposed plans. Shannon asked if the Applicant had approval from the Historic Preservation office. Applicant Dierks stated yes. Ayraud asked if the larger size of the proposed bedroom was necessary to accommodate the bathroom. Applicant Dierks stated that was correct. Board Discussion: Shannon stated that it appears to be a typical situation of a small lot, and felt the variance was equal to or better than the standard. She noted that she was in favor of the request. Ayraud asked Staff that when the house was built were there no sideyard setbacks or were the setbacks at five feet. Barnes stated that the City's first zoning ordinance was adopted in 1929. When this house was built in 1918, there were no zoning regulations. This is the primary reason why in the older neighborhoods you find nonconforming situations. Barnes stated that it was possible that Mulberry Street was widened since 1918, and due to the widening of the road, the City acquired additional right-of-way. Breth made a motion to approve appeal number 2359 based on the narrow lot criteria. Shannon seconded the motion. Ayraud asked if the City's Historic Preservation office needed to approve the application. Applicant Dierks stated that the Historic Preservation has approved the application. Ayraud wanted to add a condition to the motion that the plans be approved by Historic Preservation as well. Breth amended his motion that approval be based upon Historic Preservation approval of the design of the addition. Shannon seconded the motion. Vote: Yeas: Breth, Pawlikowski, Stockover, Ayraud, Miscio, and Shannon. Nays: None. 4. Other Business A slide presentation was made by staff showing photographs before and after the Sign Code. Meeting adjourned at 9:20 a.m. U ' r William Stockover, Chairperson 13 L,,- Peter Barnes, Zoning Administrator